Oldham CouncilSir Robert Peacock House

Tesco Stores Ltd

Wellington Road, Greenfield, Oldham, OL3 7AQ

Completed application 074766 which is a Change of Supervisor for Premises Licence from 08/04/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• Mandatory conditions where licence authorises supply of alcohol

   

  (1)              Where a premises licence authorises the supply of alcohol, the licence must include the following conditions.

   

  (2)              The first condition is that no supply of alcohol may be made under the premises licence-

   

  (a)at a time when there is no designated premises supervisor in respect of the premises licence, or

   

  (b)at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  (3)              The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014

   

  1. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

   

  2. For the purposes of the condition set out in paragraph 1-

  (a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

  (b) “permitted price” is the price found by applying the formula-

   

  P = D + (D×V)

   

  where-

   

  (i) P is the permitted price,

  (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were

  charged on the date of the sale or supply of the alcohol, and

  (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

   

  (c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence-

  (i) the holder of the premises licence,

  (ii) the designated premises supervisor (if any) in respect of such a licence, or

  (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

   

  (e) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

   

  3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

   

  4.-(1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

   

  (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  3. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

   

  (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

   

  (3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either-

  (a)a holographic mark, or

  (b)an ultraviolet feature.

   

   

• Annex 2 - Conditions consistent with the Operating Schedule

   

  General - all four licensing objectives

   

  We are a national retailer that sells alcohol as part of a broad offering of goods and services.  We have held off-licences in our stores for many years and an approved British Institute of Inn-keeping examination centre.  We have written training policies and formal training programmes are in place, which ensure our people are equipped to meet all licensing objectives.  All training and revision/refresher materials are reviewed regularly.  All stores have a ‘Think 25’ policy.  Awareness is created to customers through point of sale material within the store.  We take legal compliance very seriously and in addition to local training we employ a central alcohol licensing compliance manager and have a compliance committee.

   

  The prevention of crime and disorder

   

  The premises will have digital CCTV system that covers many areas of the shop floor, including the proposed area which will be used for the main display of beer, wines and spirits should we be successful with our application.

  Images, where retained, will be kept for a minimum of 21 days and made available on enforcement request.

  Ordinarily, a member of the Management team will be on the premises all the time the store is open.  A person will have responsibility for the premises whilst the premises are open.

   

  Public Safety

   

  A person will have responsibility for the premises whilst the premises are open.  Management will be trained to support the running of the premises including looking after our customers and staff.  The store will adhere to all rules and regulations relating to public safety.

   

  The prevention of public nuisance

   

  We intend to be an active member of the community.

  We welcome the opportunity to liaise with Police and enforcement authorities should the need arise.

   

  The protection of children from harm

   

  All staff will be trained and regularly refreshed in the corporate ‘Think 25’ Policy.  Staff will be trained to look at the customer and ‘Think 25’ when selling alcohol. 

  A till prompt will appear on the initial sale of alcohol that will remind the seller of their responsibilities including not to sell alcohol to anyone under the age of 18.

  The store will display signage around the premises informing both staff and customers of our ‘Think 25’ policy on alcohol.

   

   

• Annex 3 – Conditions attached after a hearing

• Annex 4 – Plans